                                 CODE OF VIRGINIA

DISABILITY TO HOLD STATE OFFICE; EXCEPTIONS (§ 2.2-2801)

A. Section 2.2-2800 shall not be construed to prevent:

   1. Members of Congress from acting as visitors of the University of Virginia
   or the Virginia Military Institute, or from holding offices in the militia;

   2. United States commissioners or United States census enumerators,
   supervisors, or the clerks under the supervisor of the United States census,
   or fourth-class or third-class postmasters, or United States caretakers of the
   Virginia National Guard, from acting as notaries, school board selection
   commission members, or supervisors, or from holding any district office under
   the government of any county, or the office of councilman of any town or city
   in the Commonwealth;

   3. Any United States rural mail carrier, or star route mail carrier from being
   appointed and acting as notary public or holding any county or district
   office;

   4. Any civilian employee of the United States government from being appointed
   and acting as notary public;

   5. Any United States commissioners or United States park commissioners from
   holding the office of commissioner in chancery, bail commissioner, jury
   commissioner, commissioner of accounts, assistant commissioner of accounts,
   substitute or assistant civil justice, or assistant judge of a municipal court
   of any city or assistant judge of a juvenile and domestic relations district
   court of any city, or judge of any county court or juvenile and domestic
   relations district court of any county, or the municipal court or court of
   limited jurisdiction, by whatever name designated, of any incorporated town;

   6. Any person employed by, or holding office or a post of profit, trust or
   emolument, civil, legislative, executive or judicial, under the government of
   the United States, from being a member of the militia or holding office
   therein, or from being a member or director of any board, council, commission
   or institution of the Commonwealth who serves without compensation except one
   who serves on a per diem compensation basis;

   7. Foremen, quartermen, leading men, artisans, clerks or laborers, employed in
   any navy yard or naval reservation in Virginia from holding any office under
   the government of any city, town or county in the Commonwealth;

   8. Any United States government clerk from holding any office under the
   government of any town or city;

   9. Any person holding an office under the United States government from
   holding a position under the management and control of the State Board of
   Health;

   10. Any state federal director of the Commonwealth in the employment service
   of the United States Department of Labor from holding the office of
   Commissioner of Labor of the Commonwealth;

   11. Clerks and employees of the federal government engaged in the departmental
   service in Washington from acting as school trustees;

   12. Any person, who is otherwise eligible, from serving as a member of the
   governing body or school board of any county, city or town, or as a member of
   any public body who is appointed by such governing body or school board, or as
   an appointive officer or employee of any county, city or town or the school
   board thereof;

   13. Game management agents of the United States Fish and Wildlife Service or
   United States deputy game wardens from acting as special conservation police
   officers;

   14. Any appointive state or local official or employee from serving, with
   compensation, on an advisory board of the federal government;

   15. Any state or local law-enforcement officer from serving as a United States
   law-enforcement officer; however, this subdivision shall not be construed to
   authorize any law-enforcement officer to receive double compensation;

   16. Any United States law-enforcement officer from serving as a state or local
   law-enforcement officer when requested by the chief law-enforcement officer of
   the subject jurisdiction; however, this subdivision shall not be construed to
   authorize any law-enforcement officer to receive double compensation;

   17. Any attorney for the Commonwealth or assistant attorney for the
   Commonwealth from serving as or performing the duties of a special assistant
   United States attorney or assistant United States attorney; however, this
   subdivision shall not be construed to authorize any attorney for the
   Commonwealth or assistant attorney for the Commonwealth to receive double
   compensation;

   18. Any assistant United States attorney from serving as or performing the
   duties of an assistant attorney for the Commonwealth when requested by the
   attorney for the Commonwealth of the subject jurisdiction; however, this
   subdivision shall not be construed to authorize any assistant United States
   attorney to receive double compensation;

   19. Any elected state or local official from serving, without compensation, on
   an advisory board of the federal government; however, this subdivision shall
   not be construed to prohibit reimbursement for actual expenses;

   20. Sheriffs&#8217; deputies from patrolling federal lands pursuant to
   contracts between federal agencies and local sheriffs;

   21. State judicial officers from performing acts or functions with respect to
   United States criminal proceedings when such acts or functions are authorized
   by federal law to be performed by state judicial officers; or

   22. Any member of the Armed Forces of the United States from serving on the
   Virginia Military Advisory Council or the Virginia Offshore Wind Development
   Authority.

B. Nor shall § 2.2-2800 be construed to exclude:

   1. A person to whom a pension has been granted by the United States or who
   receives retirement compensation in any manner from the United States, or any
   person receiving or entitled to receive benefits under the Federal Old-Age and
   Survivors&#8217; Insurance System or under the Federal Railroad Retirement
   Act.

   2. Officers or soldiers on account of the recompense they may receive from the
   United States when called out in actual duty.

HISTORY: Code 1950, § 2-29; 1950, p. 101; 1952, c. 120; 1958, c. 414; 1960, c.
39; 1962, c. 247; 1966, c. 677, § 2.1-33; 1968, c. 788; 1970, c. 745; 1971, Ex.
Sess., cc. 137, 143; 1972, cc. 356, 405; 1975, c. 575; 1978, cc. 83, 420; 1983,
c. 539; 1984, c. 110; 1985, c. 77; 1988, cc. 361, 901; 2001, cc. 577, 844; 2002,
c. 676; 2011, c. 17; 2014, c. 543.